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Construction Occupations (Licensing) Act 2004
85Allowing unlicensed people to provide construction
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85 Allowing unlicensed people to provide construction
service
(a) the person engages someone else (the worker), or allows an
employee (also the worker), to provide a construction service
for the person; and
(b) the worker is not licensed to provide the service; and
(c) the person is reckless about whether the worker is licensed to
provide the service.
(2) Each member of a partnership commits an offence if—
(a) a partner engages someone else (the worker), or allows an
employee of the partnership (also the worker), to provide a
construction service for the partnership; and
(b) the worker is not licensed to provide the service; and
(c) the partner is reckless about whether the worker is licensed to
provide the service.
(3) This section does not apply to an entity that provides a service if—
(a) the service is provided under the supervision of a licensee; and
(b) the licensee is not required by a condition or endorsement on the
licence to provide the service as an employee or under
supervision; and
(c) a regulation allows the service to be provided by an individual
without a licence if provided under the supervision of a licensee.
mentioned in s (3) and s (4) (see Criminal Code, s 58).
(4) Also, this section does not apply to a regulated utility if—
(a) the regulated utility engages someone else, or allows an
employee of the regulated utility, to provide an electrical wiring
service for the regulated utility; and
(b) the regulated utility is an exempt regulated utility.
s (5) (see Criminal Code, s 59).
exempt regulated utility—see section 84 (7).
regulated utility—see section 84 (7).